HomeMy WebLinkAbout2015.04.09 BOZA MinutesMINUTES
HUGO BOARD OF ADJUSTMENTS AND APPEALS
April 9, 2015
Chairperson Weidt called the meeting to order at 6:31 p.m.
PRESENT: Boland, Gwynn, Weidt
ABSENT: None.
ALSO PRESENT: Rachel Juba, Planner
Rachel Leitz, Community Development Intern
Approval of Minutes
Gwynn made motion, Boland seconded, to approve the minutes for December 4, 2014, as
presented.
All Ayes. Motion carried.
Johnson — Variances to allow construction of a house with a setback of 125 feet from the
ordinary high water mark of Horseshoe Lake and a structure height of 35 feet.
Community Development Intern, Rachel Leitz, presented two proposed variances. The first
variance was to allow construction of a house with a setback of 124 feet from the ordinary high
water (OHW) mark of Horseshoe Lake, where 200 feet is required by ordinance. The second
variance request was to allow for the maximum structure height of 35 feet, where 25 feet is
required by ordinance.
Intern, Leitz, described that the property is located along Horseshoe Lake, south of 175th Street
and east of Greystone Avenue. The parcel is vacant and approximately 4.65 acres. The property
is zoned Future Urban Service (FUS) and there are no wetlands on this property.
Intern, Leitz, presented on the first request, the setback variance. She described the criteria staff
uses to evaluate variances, most notably: reasonable use, unique circumstances, character of
neighborhood, and spirit and intent. It was in staff's opinion that there are practical difficulties in
meeting the shoreland setback requirements. The applicant had stated that the property is more
level near the 125 foot measurement from the OHW level and the property increases in slope as
it moves west. The applicant proposed placing the home at a more level point on the property to
allow for less grading into the property for construction of a house. Also, the septic system and
drain field are proposed to be located to the west of the house. The septic system is required to
be a certain distance from any structure, which pushes construction of the house towards the
lake. The property owner is proposing to use the property in a reasonable manner and the
proposed house does not change the overall character of the area nor would it effect the spirit and
intent of the ordinance because several homes in the area do not meet the setback requirement.
Intern, Leitz, presented on the second request, the structure height variance. Again, reasonable
use, unique circumstances, character of neighborhood, and spirit and intent were described to the
Board for this request. It was in staff's opinion that there are practical difficulties in meeting the
shoreland structure height requirement. Leitz described that the applicants desire a two story
house with a full basement for shelter, in case of bad weather. The applicant stated that the
property has a high water table, which would not allow for a basement to be dug into the existing
grade. Fill would be required to be added to the property in order for a basement to be
constructed. This process would result in the home being above 25 feet in height on the back
(east side) of the home. The applicant is proposing to construct a reasonable sized house and
with existing homes set closer to the lake, no sight lines would be altered, therefore spirit and
intent would be kept and the character of the neighborhood unaltered.
Intern, Leitz, stated that it was in staff's opinion that the applicant meets all requirements
necessary to approve the shoreland variance requests. Staff recommended approval of the
shoreland setback variance to allow a building setback to be 125 feet from the Ordinary High
Water (OHW) mark of Horseshoe Lake, where 200 feet is required by ordinance. Staff also
recommended approval of the shoreland structure height variance to allow a maximum structure
height of 35 feet, where 25 feet is required by ordinance.
Chairperson Weidt asked about the building setback of the house located to the north of the
proposed property. Planner Juba described that many houses on Horseshoe Lake were
constructed before the shoreland ordinance was in place. Because of this, many of the houses
along Horseshoe Lake do not meet the setback requirement of 200 feet from the OHW mark.
Chairperson Weidt opened the public hearing.
Christopher Johnson went to the podium and expressed his gratitude towards the City in
considering the variance applications. He stated that his family has lived in Hugo for 13 years
and knew they wanted to stay in the area when looking for a buildable site for a new home.
Chairperson Weidt closed the public hearing.
Gwynn made a motion, Boland seconded, to recommend the approval to the City Council of the
shoreland variances to allow the building setback to be 125 feet from the Ordinary High Water
(OHW) mark of Horseshoe, where 200 feet is required by ordinance and the maximum structure
height to be 35 feet, where 25 feet is required by ordinance.
All Ayes. Motion carried.
Adiournment
Gwynn made motion, Boland seconded, to adjourn at 6:45 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Rachel Leitz
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